38764 Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 

1Handbook for Electronic Filing Procedures: 

https://www.usitc.gov/documents/handbook_on_

filing_procedures.pdf. 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Amended 

Complaint; Solicitation of Comments 

Relating to the Public Interest 

AGENCY: International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received an amended 

complaint entitled Certain Light-Based 

Physiological Measurement Devices and 

Components Thereof, DN 3554; the 

Commission is soliciting comments on 

any public interest issues raised by the 

amended complaint or complainant’s 

filing pursuant to the Commission’s 

Rules of Practice and Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 

For help accessing EDIS, please email 

EDIS3Help@usitc.gov. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at United 

States International Trade Commission 

(USITC) at https://www.usitc.gov. The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission has received an amended 

complaint and a submission pursuant to 

§ 210.8(b) of the Commission’s Rules of 

Practice and Procedure filed on behalf 

of Masimo Corporation and Cercacor 

Laboratories, Inc. on July 12, 2021. The 

original complaint was filed on June 30, 

2021 and a notice of receipt of 

complaint; solicitation of comments 

relating to the public interest published 

in the Federal Register on July 6, 2021. 

The amended complaint alleges 

violations of section 337 of the Tariff 

Act of 1930 (19 U.S.C. 1337) in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain light-based physiological 

measurement devices and components 

thereof. The amended complaint names 

as respondent: Apple Inc. of Cupertino, 

CA. The complaint and amended 

complaint allege infringement of certain 

claims of U.S. Patent No. U.S. Patent 

No. 10,912,501 (‘‘the ’501 Patent’’); U.S. 

Patent No. 10,912,502 (‘‘the ’502 

Patent’’); U.S. Patent No. 10,945,648 

(‘‘the ’648 Patent’’); U.S. Patent No. 

10,687,745 (‘‘the ’745 Patent’’); and U.S. 

Patent No. 7,761,127 (‘‘the ’127 Patent’’) 

(collectively, ‘‘the Asserted Patents’’). 

The asserted claims of the ‘502 patent 

include claim 19. However, a certificate 

of correction was issued for claim 19 on 

July 6, 2021, by the United States Patent 

and Trademark Office, and the amended 

complaint reflects changes to the 

allegations relating to that claim. The 

complainant requests that the 

Commission issue an exclusion order, a 

cease and desist order, and impose a 

bond upon respondent alleged 

infringing articles during the 60-day 

Presidential review period pursuant to 

19 U.S.C. 1337(j). 

Proposed respondents, other 

interested parties, and members of the 

public are invited to file comments on 

any public interest issues raised by the 

amended complaint or § 210.8(b) filing. 

Comments should address whether 

issuance of the relief specifically 

requested by the complainant in this 

investigation would affect the public 

health and welfare in the United States, 

competitive conditions in the United 

States economy, the production of like 

or directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the requested 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

orders; 

(iii) identify like or directly 

competitive articles that complainant, 

its licensees, or third parties make in the 

United States which could replace the 

subject articles if they were to be 

excluded; 

(iv) indicate whether complainant, 

complainant’s licensees, and/or third 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions on the public 

interest must be filed no later than by 

close of business, eight calendar days 

after the date of publication of this 

notice in the Federal Register. There 

will be further opportunities for 

comment on the public interest after the 

issuance of any final initial 

determination in this investigation. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due. No other submissions will be 

accepted, unless requested by the 

Commission. Any submissions and 

replies filed in response to this Notice 

are limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 

electronically on or before the deadlines 

stated above. Submissions should refer 

to the docket number (‘‘Docket No. 

3554’’) in a prominent place on the 

cover page and/or the first page. (See 

Handbook for Electronic Filing 

Procedures, Electronic Filing 

Procedures 1). Please note the 

Secretary’s Office will accept only 

electronic filings during this time. 

Filings must be made through the 

Commission’s Electronic Document 

Information System (EDIS, https://

edis.usitc.gov.) No in-person paperbased filings or paper copies of any 

electronic filings will be accepted until 

further notice. Persons with questions 

regarding filing should contact the 

Secretary at EDIS3Help@usitc.gov. 

Any person desiring to submit a 

document to the Commission in 

confidence must request confidential 

treatment. All such requests should be 

directed to the Secretary to the 

Commission and must include a full 

statement of the reasons why the 

Commission should grant such 

treatment. See 19 CFR 201.6. Documents 

for which confidential treatment by the 

Commission is properly sought will be 

treated accordingly. All information, 

including confidential business 

information and documents for which 

confidential treatment is properly 

sought, submitted to the Commission for 

purposes of this Investigation may be 

disclosed to and used: (i) By the 

Commission, its employees and Offices, 

and contract personnel (a) for 

developing or maintaining the records 

of this or a related proceeding, or (b) in 

internal investigations, audits, reviews, 

and evaluations relating to the 


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Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Notices 38765 

2All contract personnel will sign appropriate 

nondisclosure agreements. 

3Electronic Document Information System 

(EDIS): https://edis.usitc.gov. 

1This authority has been delegated from the 

Attorney General to the Administrator of the DEA 

by 28 CFR 0.100, and subsequently redelegated to 

the Deputy Assistant Administrator pursuant to 28 

CFR 0.104 and Section 7 of the appendix to subpart 

R of part 0. 

programs, personnel, and operations of 

the Commission including under 5 

U.S.C. appendix 3; or (ii) by U.S. 

government employees and contract 

personnel,2 solely for cybersecurity 

purposes. All nonconfidential written 

submissions will be available for public 

inspection at the Office of the Secretary 

and on EDIS.3

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended (19 U.S.C. 1337), 

and of §§ 201.10 and 210.8(c) of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 201.10, 210.8(c)). 

By order of the Commission. 

Issued: July 16, 2021. 

Katherine Hiner, 

Acting Secretary to the Commission. 

[FR Doc. 2021–15553 Filed 7–21–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

[Docket No. DEA–372] 

Exempt Chemical Preparations Under 

the Controlled Substances Act 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Order with opportunity for 

comment. 

SUMMARY: The applications for exempt 

chemical preparations received by the 

Drug Enforcement Administration 

(DEA) between September 1, 2020, and 

March 31, 2021, as listed below, were 

accepted for filing and have been 

approved or denied as indicated. 

DATES: Interested persons may file 

written comments on this order in 

accordance with 21 CFR 1308.23(e). 

Electronic comments must be 

submitted, and written comments must 

be postmarked, on or before September 

20, 2021. Commenters should be aware 

that the electronic Federal Docket 

Management System will not accept 

comments after 11:59 p.m. Eastern Time 

on the last day of the comment period. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. DEA–372’’ on all correspondence, 

including any attachments. 

Electronic comments: DEA encourages 

that all comments be submitted through 

the Federal eRulemaking Portal, which 

provides the ability to type short 

comments directly into the comment 

field on the web page or to attach a file 

for lengthier comments. Please go to 

http://www.regulations.gov and follow 

the online instructions at that site for 

submitting comments. Upon completion 

of your submission you will receive a 

Comment Tracking Number for your 

comment. Please be aware that 

submitted comments are not 

instantaneously available for public 

view on Regulations.gov. If you have 

received a comment tracking number, 

your comment has been successfully 

submitted and there is no need to 

resubmit the same comment. 

Paper comments: Paper comments 

that duplicate the electronic submission 

are not necessary and are discouraged. 

Should you wish to mail a comment in 

lieu of an electronic comment, it should 

be sent via regular or express mail to: 

Drug Enforcement Administration, 

Attention: DEA Federal Register 

Representative/DRW, 8701 Morrissette 

Drive, Springfield, Virginia 22152. 

FOR FURTHER INFORMATION CONTACT: 

Terrence L. Boos, Ph.D., Diversion 

Control Division, Drug Enforcement 

Administration; Mailing Address: 8701 

Morrissette Drive, Springfield, Virginia 

22152; Telephone: (571) 362–8201. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments 

Please note that all comments 

received are considered part of the 

public record and made available for 

public inspection online at http://

www.regulations.gov and in the DEA’s 

public docket. Such information 

includes personal identifying 

information (such as your name, 

address, etc.) voluntarily submitted by 

the commenter. The Freedom of 

Information Act applies to all comments 

received. 

If you want to submit personal 

identifying information (such as your 

name, address, etc.) as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘PERSONAL IDENTIFYING 

INFORMATION’’ in the first paragraph 

of your comment. You must also place 

all the personal identifying information 

you do not want posted online or made 

available in the public docket in the first 

paragraph of your comment and identify 

what information you want redacted. 

If you want to submit confidential 

business information as part of your 

comment, but do not want it to be 

posted online or made available in the 

public docket, you must include the 

phrase ‘‘CONFIDENTIAL BUSINESS 

INFORMATION’’ in the first paragraph 

of your comment. You must also 

prominently identify confidential 

business information to be redacted 

within the comment. 

Comments containing personal 

identifying information and confidential 

business information identified as 

directed above will generally be made 

publicly available in redacted form. If a 

comment has so much confidential 

business information that it cannot be 

effectively redacted, all or part of that 

comment may not be made publicly 

available. Comments posted to http://

www.regulations.gov may include any 

personal identifying information (such 

as name, address, and phone number) 

included in the text of your electronic 

submission that is not identified as 

directed above as confidential. 

An electronic copy of this document 

is available at http://

www.regulations.gov for easy reference. 

Legal Authority 

Section 201 of the Controlled 

Substances Act (CSA) (21 U.S.C. 811) 

authorizes the Attorney General, by 

regulation, to exempt from certain 

provisions of the CSA certain 

compounds, mixtures, or preparations 

containing a controlled substance, if he 

finds that such compounds, mixtures, or 

preparations meet the requirements 

detailed in 21 U.S.C. 811(g)(3)(B).1 DEA 

regulations at 21 CFR 1308.23 and 

1308.24 further detail the criteria by 

which DEA’s Assistant Administrator 

may exempt a chemical preparation or 

mixture from certain provisions of the 

CSA. The Assistant Administrator may, 

pursuant to 21 CFR 1308.23(f), modify 

or revoke the criteria by which 

exemptions are granted and modify the 

scope of exemptions at any time. 

Exempt Chemical Preparation 

Applications Submitted Between 

September 1, 2020, and March 31, 2021 

The Assistant Administrator received 

applications between September 1, 

2020, and March 31, 2021, requesting 

exempt chemical preparation status 

detailed in 21 CFR 1308.23. Pursuant to 

the criteria stated in 21 U.S.C. 

811(g)(3)(B) and in 21 CFR 1308.23, the 

Assistant Administrator has found that 

each of the compounds, mixtures, and 

preparations described in Chart I below 

is intended for laboratory, industrial, 

educational, or special research 

purposes and not for general 

administration to a human being or 

animal and either: (1) Contains no 


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